Town of Pleasant Valley v. Daley
Court: Appellate Division of the Supreme Court of the State of New York; June 19, 1995; New York; State Appellate Court
Gordon S. Daley appeals a November 9, 1993 judgment from the Supreme Court, Dutchess County, favoring the plaintiff in a RICO-related damages action. The appellate court affirms the judgment, stating that the plaintiff successfully demonstrated that the "enterprise" was separate from the "pattern of racketeering activity," referencing relevant case law (United States v. Turkette, H.J. Inc. v. Northwestern Bell Tel. Co., Simpson Elec. Corp. v. Leucadia, Inc.). The court acknowledges the appellant's argument regarding the plaintiff's inability to recover certain sums under General Municipal Law article 18, but determines that recovery is justified under a fraud claim, as supported by trial evidence, and without showing prejudice to the appellant. The remaining arguments presented by the appellant are deemed without merit. The decision is supported by Judges Copertino, Santucci, Altman, and Krausman.